Madhya Pradesh High Court
Pawan Kumar Rathore vs The State Of Madhya Pradesh Thr on 25 July, 2018
1
HIGH COURT OF MADHYA PRADESH
MCRC No.10959/2018
(Pawan Kumar Rathore v. State of MP & Another)
Gwalior, Dated : 25.07.2018
Shri A.R. Shivhare, learned counsel for the petitioner.
Shri Kamal Jain, learned Government Advocate for
respondent no.1-State.
Shri Purushottam Rai, learned counsel for respondent no.2.
Heard.
This petition under Section 482, Cr.P.C. has been filed for quashing of FIR registering Crime No.844/17 at Police Station Bahodapur, District Gwalior for the offence punishable under Section 354 of IPC and for further quashing of Criminal Case No.132/2018 pending in the Court of learned Judicial Magistrate First Class, Gwalior, in pursuance to registration of FIR registering Crime No.844/17.
2. It is petitioner's contention that a false and concocted FIR has been lodged on 13.12.2017 alleging that the incident had taken place on 02.12.2017 between 10.00 AM and 10.15 AM when father-in-law of the complainant had made certain untoward move towards her and had asked her to leave her husband and live with her father-in-law.
3. It is mentioned in the FIR that the marriage of the complainant had taken place on 11.07.2013 with one Dhirendra Rathore son of accused person Pawan Kumar Rathore. Pawan Kumar Rathore, who is father-in-law of the complainant, has been teasing and harassing the complainant since the date of marriage, but on 02.12.2017 when she was alone in her room, her father-in-law had approached her in the room and had caught her with a bad intention and asked her to leave her husband and to stay with her father-in-law. It is mentioned that she was to scared 2 HIGH COURT OF MADHYA PRADESH MCRC No.10959/2018 (Pawan Kumar Rathore v. State of MP & Another) Gwalior, Dated : 25.07.2018 of this fact and had not informed the events to her husband about such incident. It is submitted that the fact of the matter is that on 02.12.2017, the complainant had lodged a case against father-in-law Pawan Kumar Rathore, mother-in- law Smt. Anita Rathore and sister-in-law ( nand) Ku. Vinita Rathore at 20.18 hours registering Crime No.817/2017 under the provisions of Sections 294, 323, 506/34 of IPC narrating the incident to have taken place on 02.12.2017 between 19.15 and 19.45 hours. It is mentioned in the said FIR that her mother Smt. Meena Rathore and Pooja Kushwah were present at that point of time and, therefore, she had reached the Police Station alongwith her mother Meena Rathore and said Pooja Kushwah to lodge FIR in the Police Station.
4. When the learned counsel for respondent no.2 is asked to elaborate on the reasons for delay in lodging FIR in regard to offence under Section 354 of IPC, which had allegedly taken place on 02.12.2017 between 10.00 and 10.10 AM, he submits that she was very much afraid and she had narrated this incident to the concerned T.I. on 02.12.2017 in the evening when Crime No.817/17 was registered, but the T.I. refused to lodge the FIR under Section 354 of IPC and had asked her to wait for sometime and then he will take this report. This version is not supported by any application either to the SP or to any other superior Police authority.
5. In fact, there is an application addressed to the SP, City Centre, Gwalior dated 05.12.2017 made by complainant Smt. Sangam Rathore, in which there is no mention of any 3 HIGH COURT OF MADHYA PRADESH MCRC No.10959/2018 (Pawan Kumar Rathore v. State of MP & Another) Gwalior, Dated : 25.07.2018 incident having taken place in the morning of the same date, wherein the father-in-law would have committed any offence under Section 354 of IPC. Thus, it is apparent and clear on the record that the story, which has been developed by the learned counsel for respondent no.2 that she had narrated the incident, which had taken place on 02.12.2017 to the T.I. and the T.I. had refused to record the FIR under Section 354 of IPC, is not made out inasmuch as if this would have been proved, then the complainant would have moved an application to the S.P. on 05.12.2017 narrating this fact in her application dated 05.12.2017.
6. The fact and material appears to be and as is apparent from the record that it is an afterthought so as to defame the father-in-law, the report under Section 354 of IPC has been lodged. Since there is no justifiable reason to explain the delay in filing the FIR on 13.12.2017 specially when the complainant was not under any disability on 02.12.2017 itself and she had approached the Police Station on the same day at about 20.00 hours, it cannot be said that the complainant was under some fear or under some coercion or threat not to lodge the FIR in regard to the offence allegedly committed by the petitioner under Section 354 of IPC. It is one of the glaring examples of false and fictitious case being filed by the complainant so as to implicate her father-in-law and the whole story of the complainant is full of several loopholes as has been mentioned above.
7. In the light of these facts, this is a fit case to quash 4 HIGH COURT OF MADHYA PRADESH MCRC No.10959/2018 (Pawan Kumar Rathore v. State of MP & Another) Gwalior, Dated : 25.07.2018 the FIR and the consequential proceedings. Thus, FIR registering Crime No.844/17 at Police Station Bahodapur, District Gwalior for the offence punishable under Section 354 of IPC and Criminal Case No.132/2018 pending in the Court of learned Judicial Magistrate First Class, Gwalior, in pursuance to registration of FIR registering Crime No.844/17 are hereby quashed.
Accordingly, this petition stands disposed of. Certified copy as per rules.
(Vivek Agarwal) Judge Mehfooz/-
Digitally signed by MEHFOOZ AHMEDDate: 2018.07.26 12:08:55 +05'30'